Date: 06-24-2025

Case Style: Valerie Miller v. Food Linon, L.L.C.

Case Number: 23-cv-04584

Judge: Sherri Al Lydon

Court: United States District Court for the District of South Carolina (Florence County)

Plaintiff's Attorney: Ed Mckenzie, Jacob BornJames George

Defendant's Attorney: Charles Moore

Description: Florence, South Carolina personal injury lawyers represented the Plaintiff on a premises liability negligence theory.

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In South Carolina, premises liability law holds property owners accountable for injuries that occur on their property due to unsafe conditions. This means if a person gets hurt because a property owner was negligent in maintaining a safe environment, the owner may be liable for damages. The duty of care owed by the property owner depends on the visitor's status (invitee, licensee, or trespasser).

Key aspects of South Carolina premises liability law:

Duty of Care:
Property owners have a responsibility to maintain their premises in a reasonably safe condition for visitors.

Visitor Status:

The level of care owed to a visitor is determined by their status:

Invitee: Someone invited onto the property for the owner's benefit (e.g., customers in a store). Property owners owe the highest duty of care to invitees.

Licensee: Someone on the property with permission, but not for the owner's benefit (e.g., a guest in a home).
Trespasser: Someone on the property without permission. Generally, property owners owe no duty to trespassers, except to refrain from willful or wanton injury.

Negligence:

To win a premises liability case, the injured person must prove the property owner was negligent, meaning they failed to exercise reasonable care in maintaining the property.
Causation:
The injured person must also prove the property owner's negligence directly caused their injuries.

Damages:

If successful, the injured person can seek compensation for damages like medical expenses, lost wages, and pain and suffering.

Comparative Fault:

South Carolina follows a modified comparative fault system. This means that if the injured person is partially at fault, their damages may be reduced by their percentage of fault. If the injured person is more than 50% at fault, they cannot recover any damages.

Defenses:

Property owners may raise defenses such as express assumption of the risk (where the injured person knowingly and voluntarily assumed the risk) or that the dangerous condition was open and obvious.

Outcome: Settled for an undisclosed sum and dismissed.

Plaintiff's Experts:

Defendant's Experts:

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